I Need Your Help - Before a Judge

<p>so I got a bill by the cops for using my cell in my car when the new law went in place, and you're not supposed to do that. actually i was listening to a voicemail and then quickly put it away, but the cop saw me with it in my hands, so i got a fine of $130.00. tomorrow i am going to see if i can contest it before the judge and see if it is possible to waive this bill or at least a mitigated fine. what should i say to him? what would be convincing? I really need your help as this fee is big because I am unemployed due to the economy and I remember once reading on television that your first time using your cell in a car will be a fee of around $40. </p>

<p>I need your input!</p>

<p>If you have a bill or can go on line for info for that day that shows you were not speaking on the phone but rather calling your own number for voice mail at that time, might bring it along. You just have to be honest, be sincere, tell your story, tell them you were not "talking" on the phone actually and beg the judge to consider letting you off with a warning. Explain you are a student and not employed and throw yourself at the mercy of the judge etc etc. But be polite, be nice, don't show any attitude. Say yes sir and no sir......Good Luck</p>

<p>I was using my cell that day but for that particular time i was in my car i don't know what time it was, very difficult to ascertain that, and I did use my phone when I got home. Your advice sounds good. obviously I am going to dress nice, what would be better, a suit or a nice clean polo?
Anyone else want in on this?</p>

<p>What about mentioning your record? I have a clean record for years now, would that not help? or just stick to the issue?</p>

<p>Hope like hell that your cop doesn't show up. Then you can just say you didn't do it and it's dismissed. Otherwise, sunny's advice was good.</p>

<p>The cop doesn't even know when i'm going, this was more than a month ago and i'm approaching the deadline for payment, the 18th. You're seriously saying that i should say i did not do it? that's obviously lying, what do you mean they'll disregard it that fast</p>

<p>I don't know how it works in your state, but in IL, if the cop doesn't show up to court the ticket is dismissed. What I meant was that your judge would just tell you to go, rather than you actually lying, per se. So no, I would not suggest denying if it doesn't just go away like it does in IL. Were you given a court date, or do you just choose when to show up? I'm a little confused as to how your state handles things.</p>

<p>So you won't be able to contest it, the law says that you can't make calls on a cell phone while driving. You called your voicemail, that's still a call. Plus even if there was some difference, it's unlikely the judge would dismiss it, he/she would probably feel like you were just trying to get out of it.</p>

<p>With that said, the best way to get out of it is to keep postponing the court date. It may be too late now, but if you keep postponing it eventually the cop will just say 'forget it' and not show up, then your ticket will be dismissed.</p>

<p>This is CA. The cop doesn't even KNOW when I am arriving; i got this ticket over a month ago, and the due date for payment is the 18th, 2 days. How would the cop know when i come to court? i just called them and the clerk said just come on or before the court date to contest your citation. the cop doesn't know when i pick, so how would that fit in.</p>

<p>Plus, if the judge knows that i;m trying to get out of it because i used my voicemail doesn't he know that's the objective? considering i say in this economy i am unemployed and my student loans are piling like crazy and this is my first time can you make it a warning. i am very short and can't pay this.</p>

<p>My guess is that the clerk will set a court date when you come in. That's how the officer will know when to show up. They might offer a reduced fine to avoid court. I'd go in, contest the ticket and see what happens.</p>

<p>fwiw, in massachusetts the ticketing officer doesn't have to be present. they can send a "representative" from the department, so basically there's a cop who just chills in the courthouse all day so nothing gets thrown out because the other side didn't show up. i don't know if CA has a similar stipulation.</p>

<p>Yea, if you contest the ticket a court date will be set, and the cop will come...if he doesn't then the ticket will be dropped. You may be too late though.</p>